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Re: Buyers' Trademark Protection
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Posted by M. Arthur Auslander on May 12, 2003 at 06:51:30:
In Reply to: Buyers' Trademark Protection posted by Akbar Humayoon on May 11, 2003 at 18:42:12:
: I wish to import some products and sell it in my country under a trademark. These products are being imported by other importers from China, Taiwan, Korea, Turkey, Italy and Hong Kong. Now the problem is that if I get the trademark registered in all those countries, I will have to use i.e. sell my products under the desired trademark in those countries marketplaces, while I can not do it and I am just wishing to use it in my country. Even the "intent to use" method is not long lasting and perfect. If I get the trademark registered in my country, I would get the protection only in my country and no one would be able to make and sell the product in my country but my country is not a manufacturing country but importer. So getting the trademark registered here would not be able to stop the makers of other countries i.e. China, Taiwan, Korea, Turkey, Italy and Hong Kong from making the products and exporting here under my desired trademark and the local importers would be free to sell those products here. Is there any way for me to have the protection and full control over the desired trademark so that no one else could use it except me? If so kindly let me know. Dear Mr. Humayoon, The law of your country should establish your rights. Even if you are entitled to register in your country, there could be treaty priority in another for the mark. A search in your country after checking with a Intellectual Property lawyer you can trust in your country would be a good start. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 3008 Johnson Ave., New York, NY 10463 7185430266, aus@auslander.com ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ Reality Check®
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